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E-Commerce Platform Makes Adjustments To Settle Investigation Over Washington Truthful Probability Act Violations – Pre-Make use of.com

December 7, 2022

The world’s largest e-commerce firm has modified its cell job interface for unbiased contractors to make last-mile deliveries. The corporate has made this alteration to higher adjust to the state of Washington’s Truthful Probability Act. As of a brand new court docket submitting, these modifications may even present these with legal data a good probability to compete.

The Assistant Legal professional Basic, Marsha Chien, filed the affirmation of those modifications in an Assurance of Discontinuance. This assurance ended an investigation by the state’s Legal professional Basic, Bob Ferguson, in early 2020.

The investigation centered on the corporate’s last-mile supply program. This program allowed unbiased contractors to work with the service to make the ultimate supply of packages to their locations. These employees drive their very own automobiles and use a cell utility to information them by the supply course of.

Although the employees counted as unbiased contractors, the state argued that the corporate nonetheless certified as an employer underneath Washington’s expansive Truthful Probability Act definition. In consequence, the “ban-the-box” guidelines apply to the corporate and its hiring practices.

The Washington Fair Chance Act, RCW 49.94, grew to become laws in 2018. It offered job candidates with legal data an opportunity to compete pretty for jobs that matched their {qualifications}. With that in thoughts, the legislation prohibits sure language within the following:

  • Job Commercials: Employers lined underneath the act can not embody statements that may exclude people with a legal historical past from making use of. In accordance with RCW 49.94.010(2): “[a]ds that state ‘no felons,’ ‘no legal background,’ or in any other case convey comparable messages are prohibited.”
  • Job Purposes: Employers can not embody questions, both orally or in writing, that may search legal historical past data or carry out a legal background test till after an preliminary dedication that an applicant is in any other case certified for a place.

In accordance with Washington’s Legal professional Basic, the corporate’s cell utility’s welcome web page violated the Truthful Probability Act. Particularly, it had an announcement about legal background checks figuring out supply eligibility. The state reasoned that this assertion can be seen earlier than the corporate reviewed an applicant’s {qualifications}.

The corporate has eliminated this and different language indicating the requirement for legal background checks. Nevertheless, the corporate should nonetheless pay $18,714 to the state.

As this incident clearly illustrates, employers should take note of compliance relating to the employment screening course of. One of the simplest ways to keep away from incidents like that is to companion with a trusted screening supplier. The precise supplier may help employers stay abreast of the constantly shifting native, state, and federal legal guidelines regarding background checks. 

Prepared to find extra about Pre-employ’s background checks? Speak to a Sales Rep today.


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